Designer. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Designer. Notwithstanding anything to the contrary expressed or implied in this Contract, any of the powers, rights, and duties of the Designer may be exercised by the Awarding Authority, provided that the Awarding Authority shall be under no obligation to do so. The Awarding Authority may rely on the Designer for the performance and exercise of its rights and obligations hereunder and shall be presumed to so rely on the Designer in the absence of an explicit written assumption by the Awarding Authority of any such rights and obligations, except that any Approval required to be obtained from the Awarding Authority hereunder shall not be valid without the signature of the Awarding Authority. The Awarding Authority may explicitly overrule in writing any action, determination or decision of the Designer should the Awarding Authority choose to do so, except to the extent that the same would violate applicable law. Subject to the foregoing, the Designer shall be responsible for the general administration of the Contract and shall perform the duties and exercise the rights herein conferred on the Designer. Except as otherwise specifically provided herein, the Designer shall decide all questions which may arise as to the conduct, quantity, quality, equality, acceptability, fitness, and rate of progress of the several kinds of work and materials to be performed and furnished under this Contract, and shall decide all questions which may arise as to the interpretation of the Plans and Specifications and as to the fulfillment of this Contract on the part of the Contractor. In the case of the death, resignation, inability or refusal of the Designer to act, or the termination of his or her or its employment, the Awarding Authority may appoint another person to act as Designer for the purposes of this Contract. The Awarding Authority shall give written notice to the Contractor of any such appointment.
Designer. The term “Designer” as used throughout the Agreement, Exhibits, EDCs, and the drawings and documents referenced therein, shall have the same meaning as the term “Consultant,” as defined in the Agreement.
Designer. 2. Lead Engineer;
Designer. Developer shall appoint a suitably qualified and experienced Designer, which may be a consultant or an in-house design team, to undertake the design of the permanent components and the major temporary components of the East End Crossing. Developer shall require the Designer to maintain all necessary representation throughout the duration of the PPA to ensure Developer can meet all its obligations under the PPA.
Designer shall develop and submit to Owner conceptual diagrams of alternative approaches for translating programmatic requirements into conceptual design solutions. The number of alternate approaches diagramed shall be reasonable and appropriate for the Project. These diagrams shall include, but not be limited to, consideration of land use, functional relationships within the program, relationships to proposed future construction and surrounding area, relative volumes of circulation, land use, traffic, parking, transportation, utilities, and systems described in Section 1.1.3.6 below, and organization of major building functions.
Designer. Notwithstanding anything to the contrary expressed or implied in this Contract, any of the powers, rights, and duties of the Designer may be exercised by DCAMM, provided that DCAMM shall be under no obligation to do so. DCAMM may rely on the Designer for the performance and exercise of its rights and obligations hereunder and shall be presumed to so rely on the Designer in the absence of an explicit written assumption by DCAMM of any such rights and obligations, except that any Approval required to be obtained from DCAMM hereunder shall not be valid without the signature of DCAMM. The DCAMM may explicitly overrule in writing any action, determination or decision of the Designer should DCAMM choose to do so, except to the extent that the same would violate applicable law. Subject to the foregoing, the Designer shall be responsible for the general administration of the Contract and shall perform the duties and exercise the rights herein conferred on the Designer. Except as otherwise specifically provided herein, the Designer shall decide all questions which may arise as to the conduct, quantity, quality, equality, acceptability, fitness, and rate of progress of the several kinds of work and materials to be performed and furnished under this Contract, and shall decide all questions which may arise as to the interpretation of the Plans and Specifications and as to the fulfillment of this Contract on the part of the CM. In the case of the death, resignation, inability or refusal of the Designer to act, or the termination of his or her or its employment, DCAMM may appoint another person to act as Designer for the purposes of this Contract. DCAMM shall give written notice to the CM of any such appointment.
Designer. Entity responsible for the preparation of the Construction Documents in a DB delivery team.
Designer. Designer refers to the prime architect for the Project, collectively with all sub- consultants retained by the Designer to perform the services required of the Designer under its contract with the Owner. The Designer for the Project is Novus Architects, Inc., Xxxxx
